Yogesh Sethi v. Municipal Corporation Of Delhi & ORS.
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 959/2024 & CM APPL. 34433/2024 YOGESH SETHI ..... Petitioner Through:
Mr. Shailendra Pratap Singh and Mr.
Vansh Bajaj, Shivek Rai Kapoor, Advocates Mob: 9910062302 versus MUNICIPAL CORPORATION OF DELHI & ORS.
..... Respondents Through:
Mr. Vikas Chopra, Advocate with Ms. Anita R Mishra, Advocate for MCD.
Mr. Abhinav Singh, Advocate with Ms. Swega Agarwal, Advocate for R5.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA % 31.05.2024
O R D E R
CM APPL. 34433/2024 (For Exemption) 1.
Exemption allowed, subject to just exceptions. 2.
Application is disposed of.
CONT.CAS(C) 959/2024 3.
The present petition has been filed alleging willful disobedience of the th August, 2023 and 09th November, 2023 passed in W.P.(C) orders dated 7 10329/2023.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
By way of the aforesaid orders, statement on behalf of learned counsel appearing for the Municipal Corporation of Delhi ("MCD"), was recorded that the property in question, i.e., property bearing Flat no. 203A and 203B, Pocket J&K, Dilshad Garden, Delhi-110095, had been inspected. Further, the MCD had already issued a Work Stop Notice, with respect thereto. 5.
It was further noted in the said order that further inspection will be carried out, and in case there is any unauthorised construction is found, appropriate action shall be taken, in accordance with law. 6.
The present petition has been filed on the ground that no action has been taken by the MCD.
7.
Per contra, learned counsel appearing for the respondent no. 1-MCD submits that in terms of the order dated 7th August, 2023, fresh inspection of the aforesaid property has been completed. Since unauthorised construction was found, demolition order was passed after following the due process of law.
th January, 8.
He further submits that action was sought to be taken on 18 2024, however, in view of the restrictions under GRAP III, action could not be taken. The next action was fixed for 7th February, 2024, however, action again could not be taken, as the property was found to be occupied. Thus, vacation notice was issued on 8th February, 2024.
9.
It is submitted that subsequently part-action has been taken by the th MCD, on 19 March, 2024.
th April, 2024 and 18th 10.
He submits that further action was fixed for 9 April, 2024, however, the same could not be taken, since no time was left. He submits that further action has not been fixed by the MCD, since a letter dated 22nd April, 2024 was received from the Delhi Police, that in view of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the general elections, they would be unable to provide police force, till the conclusion of the election process.
11.
He, thus, submits that further action shall now be fixed by the MCD and complete action shall be taken.
12.
The aforesaid statement made by learned counsel for the respondentMCD is taken on record and the respondent is held bound by the same. 13.
Accordingly, it is directed that further action shall be taken and completed by the respondent-MCD expeditiously, preferably within a period of three months from today.
14.
At this stage, Mr. Abhinav Singh, learned counsel appearing for respondent no. 5, i.e., SHO, Police Station Seemapuri, submits that requisite police force shall be provided to the MCD, as and when any action is fixed by the MCD.
15.
The aforesaid statement made by learned counsel for the respondent no. 5, is taken on record and the said respondent is held bound by the same. 16.
Accordingly, the present petition is disposed of. 17.
However, liberty is granted to the petitioner to revive the present petition in case any grievance of the petitioner still survives. MINI PUSHKARNA, J MAY 31, 2024 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.